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" Every proprietor has an equal right to use the water which flows in the stream; and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected... "
The Standard Library Cyclopaedia of Political, Constitutional, Statistical ... - Page 646
1853
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A Practical Treatise on the Law of Nuisances in Their Various Forms ...

Horace Gay Wood - Liability (Law) - 1875 - 976 pages
...property in the water. Every proprietor has an equal right to use the water which flows in the stream ; and consequently no proprietor can have the right...would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above. Every proprietor who claims a right, either to...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 2

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1875 - 786 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above without a grant, or an uninterrupted enjoyment...
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The Doctrines and Principles of the Law of Injunctions

William Joyce (of Lincoln's Inn.) - Injunctions - 1877 - 528 pages
...property in the water. Every proprietor has an equal right to use the water which flows in the stream, and, consequently, no proprietor can have the right...would otherwise descend to the proprietors below, nor throw the water back on the proprietors above. Every proprietor who claims a right, either to throw...
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A Treatise on the Law Relating to the Pollution & Obstruction of ...

Clement Higgins - Riparian rights - 1877 - 296 pages
...can have the right to use the water to the prejudice of any other proprietor, without the consent of other proprietors, who may be affected by his operations...which would otherwise descend to the proprietors below (p\ nor throw the water back upon the proprietors above. Every proprietor who claims a right either...
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A Treatise on the Law Relating to the Pollution & Obstruction of ...

Clement Higgins - Riparian rights - 1877 - 296 pages
...property in the water. Every proprietor has an equal right to use the water which flows in the stream, and, consequently, no proprietor can have the right...prejudice of any other proprietor, without the consent of other proprietors, who may be affected by his operations; no proprietor can either diminish the quantity...
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A Summary of the Law of Torts, Or, Wrongs Independent of Contract

Sir Arthur Underhill - Torts - 1878 - 370 pages
...adjoining lands, every one of whom has an equal right to use the water which flows in the stream ; and consequently, no proprietor can have the right to use the water to the prejudice of any other proprietors (Chasemore v. Richards, 7 HL Ca. 349 ; Wright v. Howard, 1 S. $ S. 203 ; Dickenson v. Gr....
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Reports of Cases Decided in the Court of Chancery, the Prerogative ..., Volume 2

John Hoff Stewart - Equity - 1878 - 738 pages
...channel when it leaves his estate ; without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment...
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Reports of cases decided in: afterw. determined by the ..., Issue 2, Volume 1

William Pugsley - 1879 - 814 pages
...is no property in the water. Each proprietor has a right to use the water which'flows in the stream, and consequently no proprietor can have the right...would otherwise descend to the proprietors below, nor throw back the water upon the proprietors above. Every proprietor who claims a right to throw the...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Volume 6

William Wait - Actions and defenses - 1879 - 1002 pages
...High, 24 Iowa, 336 ; 'Walker v. Board of Public Works, 16 Ohio, 540. Consequently, no proprietor has the right to use the water to the prejudice of any other proprietor above or below him, unless he has acquired a right to use the water in some peculiar manner, and differently...
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Rights of Common and Other Prescriptive Rights: Being Twenty-four Lectures ...

Joshua Williams - Commons - 1880 - 448 pages
...property in the water. Every proprietor has an equal right to use the water which flows in the stream; and, consequently no proprietor can have the right...would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above. Every proprietor, who claims a right either to...
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